Choice of Procedural Law in International Commercial Arbitration: Providing "Proper Notice" to a Foreign Party to Ensure That the Arbitral Award Can Be Enforced

Authors

Tiffany Ng

Abstract

In recent years, the Federal Circuit has made an effort to rein in excessive or unfounded patent damages awards. In Uniloc v. Microsoft, the Federal Circuit granted a motion for retrial on the issue of damages, rejecting the validity of plaintiff’s damages expert testimony. This note advocates a broad reading of Uniloc and encourages trial courts to take a greater role in providing juries with sound methodology for assessing damages. Specifically, this article encourages the use of court-appointed damages experts to restore predictability in the U.S. patent system.

Recommended Citation

Tiffany Ng, Choice of Procedural Law in International Commercial Arbitration: Providing "Proper Notice" to a Foreign Party to Ensure That the Arbitral Award Can Be Enforced, 10 Hastings Bus. L.J. 491 (2014).
Available at: https://repository.uclawsf.edu/hastings_business_law_journal/vol10/iss2/6